Procedural Posture

Appellant homeowners sought review of a decision by the Superior Court of Ventura County (California), which granted respondent contractor's motion for nonsuit in appellant's action for property damage arising out of respondent's alleged negligence in constructing a patio and driveway at appellants' home.

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Overview

Appellant brought an action against respondent contractor, who was president and majority owner of a concrete company, to hold him personally liable for property damage they sustained as the result of his negligence in constructing a driveway and patio at their home. The trial court granted respondent's motion for nonsuit based upon a finding that respondent, as a corporate officer, could not be held personally liable for the corporate decisions which resulted in the property damage. On appeal, the court reversed. It reasoned that the parties' agreement acknowledged that a duty was owed to appellants, and it was respondent's duty to appellants which was personally breached by him. It held that respondent's personal and direct participation and decisionmaking in the construction caused the injury and allowed appellants to pierce the corporate veil. Respondent's contract to perform services gave rise to a duty that he perform the services in a competent and reasonable manner.

Outcome

The court reversed the judgment of the trial court because respondent contractor could be held personally liable for property damage sustained by appellant homeowners' home given respondent's direct and personal participation in the construction and decisionmaking; defendant could be held liable for breaching his duty to perform the contracted services in a competent and reasonable manner.